Is posting the child's academic transcript on social networks without their consent a violation of the Cybersecurity Law?
Is it prohibited for parents to post their child's academic transcript on social media?
Violations of Clause 11 Article 6 of the 2016 Law on Children of Vietnam:
“Article 6. Prohibited acts
1. Deprive children of right to life.
2. Neglect, abandon or engage in children trafficking, kidnap, swap and appropriate children.
3. Involve in child sexual abuse, use violence against children, abuse or exploit children.
4. Organize, support, incite or force the child to engage in child marriage.
5. Use, persuade, incite, excite, entice or force children to commit violations against the law, or offend honor or dignity of other person.
6. Prevent children from exercising their rights and responsibilities.
7. Fails to provide or conceal or preclude the provision of information concerning children who are abused or threatened to be exploited or suffered violence to their families, educational establishments or competent agencies and officials.
8. Discriminate against children on the grounds of their personal characters, family background, sex, race, nationality, belief or religion.
9. Sell or facilitate children in drinking alcohol or beer, smoking and using addictive substances or other stimulants, and unsafe foods which may cause harm to children.
10. Provide internet service and other services; produce, reproduce, release, operate, disseminate, possess, transport, store and trade in publications, toys, games and other products whose contents cause adverse influence on children’s healthy development.
11. Announce or disclose information about the privacy or secret of the child without the consent of the child who is enough 07 years old or older, or the consent of the child’s parent or guardian.”
Thus, the act of parents when posting their child's academic transcript on a social network without their child's consent falls into the case of prohibited acts specified in Article 6 above.
Is posting the child's academic transcript on social networks without their consent a violation of the Cybersecurity Law?
What is private information of children?
In Article 33 of Decree 56/2017/ND-CP of Vietnam stipulating private information of children as follows:
Private information of a child is information on name, age and characteristics for personal identification; information on health status and privacy written in health records; personal images; information on family members and caregiver of the child; personal property; telephone number and mail address; address of and information on residence place and native place; address of and information on school, class, learning result and friends of the child; and information on services provided for the child.
Is posting the child's academic transcript on Facebook a violation of the Law on Cybersecurity?
According to Article 29 of the 2018 Cybersecurity Law of Vietnam, the protection of children on social networks is as follows:
- Children have the right to be protected, access information, participate in social activities and entertainment, personal information confidentiality and other rights in cyberspace.
- Administrators of information systems, TSPs, ISPs and VAS providers have the responsibility to make sure information on their systems or services are not harmful children and do not violate children’s rights; block and delete information harmful to children or violating children's rights; Promptly inform and cooperate with the cybersecurity force of the Ministry of Public Security whenever such information is detected.
- Organizations and individuals operating in cyberspace shall cooperate with competent authorities I protecting children’s rights in cyberspace and prevent information harmful to children in accordance with this Law and children laws.
- Organizations, parents, teachers, caretakers and relevant individuals have the responsibility to protect children’s rights and protect children in cyberspace in accordance with children laws.
- Professional cybersecurity forces and other competent authorities shall implement every measure necessary for preventing, detecting, intervening harms to children or violations of children’s rights by means of cyberspace.
Thus, when parents post their child's academic transcript on Facebook, it is considered a violation of the Cybersecurity law. Because children have the right to be protected, personal information confidentiality and other rights in cyberspace. If children have not agreed to post anything related to themselves online, parents must listen, accept it and not post it on their own.
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